CaseLaw
Salahu V. State (2014) CLR 12(h) (SC)
Judgement delivered on December 19th 2014
Brief
Facts
The appellant who was the 3rd accused was arraigned with three others before the Oyo State High Court, Ogbomoso Judicial Division in Charge No. HOG/3C/2004 for the offences of conspiracy to commit felony and murder of one Raji Tiamiyu, a traffic warden contrary to sections 324 and 319 of the Criminal Code Cap. 30 Vol.II Laws of Oyo State 1978 (now Cap. 38 Vol. II Laws of Oyo State 2000) respectively. They all pleaded not guilty to the charge. The prosecution in proof of its case called seven (7) witnesses and tendered exhibits which were marked Exhibits 1 - 15B while each of the four accused persons testified in his defence but called no other witness. At the end of the trial, the 1st, 2nd and 3rd accused were found guilty of the offences charged. Each of them was given 10 years imprisonment with hard labour on the count of conspiracy to murder and the three of them were sentenced to death for murder. The 4th accused was discharged and acquitted. They appealed by filing separate notices of appeal. On 24th May, 2012, the Court of Appeal, Ibadan dismissed their appeal in appeal No. CA/l/192/2007. The appellant has, further appealed against that judgment to this Court.